UConn BLAW 3175 - PPT chapter 5 (16 pages)

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1 14 19 Dr Gerlinde Berger Walliser 1 INTENTIONAL TORTS AND BUSINESS TORTS Chapter 5 Tort A tort is a wrong ex battery assault defamation negligence one person injuring another person or company On purpose or negligently Resulting in an injury to a person or her property Why we need tort law No specific relationship between wrongdoer and victim needed contract law in violation of a duty imposed by the civil law criminal law Example Tort or Crime Keith is driving while intoxicated He swerves into the wrong lane and causes an accident seriously injuring Marta Is this a tort or a crime Who can sue prosecute Keith Could there be a civil suit and a criminal prosecution at the same time What is are likely outcomes Intentional vs Unintentional Torts Intent deliberate action i e an intention to perform the act which caused the injury does not require an intent to harm the other person Unintentional Torts Negligence Strict liability Intentional Torts Different categories of intentional torts see following slides Battery and Assault p Battery is a touching of another person in a way that is unwanted or offensive An act by the defendant Unwanted or offensive physical contact does not need to hurt Intention to perform the act even if the injury is unintentional p Assault is an action that causes the victim to fear an imminent battery Action Fear Of battery see elements above Assault can occur without the battery ever happening Defamation False statement that harms another s reputation http www youtube com watch v ARp5zCnNni4 t 121 Libel Written defamation Slander Verbal defamation Elements of Defamation Defamatory statement Falseness Communicated to another person than the plaintiff Injury Injury in Defamation Cases Slander Oral defamation Injury Libel Written defamation Slander per se Oral Oral defamation involving false false statements statements about about sexual behavior crimes sexual behavior crimes contagious diseases professional professional abilities abilities